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Sweep Account Agreement Template for Canada

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Key Requirements PROMPT example:

Sweep Account Agreement

"I need a Sweep Account Agreement for a medium-sized technology company that wants to automatically transfer excess funds above $100,000 from their operating account to an interest-bearing savings account on a daily basis, with the agreement to take effect from March 1, 2025."

Document background
This Sweep Account Agreement is essential for establishing automated fund transfer services between designated accounts within a Canadian banking context. It is commonly used when account holders wish to maintain optimal account balances through automatic transfers, whether for cash management, interest optimization, or overdraft protection purposes. The agreement specifies all necessary parameters for the sweep service, including minimum balances, transfer thresholds, timing, and applicable fees. It ensures compliance with Canadian banking regulations while providing flexibility for different client needs, whether individual or corporate. The document is particularly relevant for businesses seeking efficient cash management solutions and individuals wanting to maximize interest earnings or maintain minimum balance requirements across multiple accounts.
Suggested Sections

1. Parties: Identifies the financial institution and the account holder(s)

2. Background: Explains the purpose of the agreement and the basic concept of the sweep account service

3. Definitions: Defines key terms used throughout the agreement, including 'Primary Account', 'Secondary Account', 'Sweep Transaction', 'Threshold Amount', etc.

4. Sweep Account Services: Details the core sweep account mechanics, including transfer triggers, timing, and directions

5. Account Requirements: Specifies the requirements for both primary and secondary accounts, minimum balances, and eligible account types

6. Transfer Parameters: Establishes transfer limits, threshold amounts, and frequency of sweeps

7. Fees and Charges: Outlines all fees associated with the sweep service and payment terms

8. Authorization: Contains the customer's authorization for automated transfers and bank's authority to act

9. Service Interruption: Addresses potential system disruptions and the bank's obligations during such events

10. Amendments: Explains how and when the agreement terms can be modified

11. Termination: Details how either party can terminate the service and the consequences of termination

12. Governing Law: Specifies that Canadian law governs the agreement

Optional Sections

1. Multi-Currency Provisions: Required when sweep services involve multiple currencies, including exchange rate calculations and currency conversion fees

2. Corporate Authority: Required for corporate clients, including representations about authority to enter into the agreement

3. Joint Account Provisions: Required when the sweep account service applies to joint accounts

4. Credit Facility Integration: Required when the sweep service is connected to a credit facility or overdraft protection

5. Investment Sweep Provisions: Required when the sweep includes automated investment of excess funds

6. Internet Banking Access: Optional section detailing online access to sweep account information and controls

Suggested Schedules

1. Schedule A - Fee Schedule: Detailed breakdown of all fees and charges associated with the sweep account service

2. Schedule B - Transfer Parameters: Specific details of transfer thresholds, timing, and limits for the sweep service

3. Schedule C - Authorized Accounts: List of all accounts included in the sweep arrangement, including account numbers and types

4. Schedule D - Service Level Standards: Details of service standards, including processing times and cut-off times

5. Appendix 1 - Required Forms: Collection of any required forms for setting up or modifying sweep parameters

6. Appendix 2 - Electronic Banking Terms: Terms and conditions specific to electronic banking aspects of the sweep service

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































Clauses






























Relevant Industries

Banking

Financial Services

Corporate Treasury

Investment Management

Professional Services

Retail Banking

Commercial Banking

Asset Management

Small Business Services

Enterprise Business Services

Relevant Teams

Treasury

Finance

Legal

Compliance

Banking Operations

Account Management

Corporate Banking

Business Services

Client Relations

Risk Management

Cash Management

Financial Control

Relevant Roles

Treasury Manager

Cash Management Officer

Financial Controller

Chief Financial Officer

Banking Relationship Manager

Account Manager

Corporate Banking Officer

Finance Director

Banking Operations Manager

Compliance Officer

Legal Counsel

Financial Services Administrator

Business Banking Advisor

Treasury Analyst

Cash Management Specialist

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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